Citation Nr: 0432382
Decision Date: 12/07/04 Archive Date: 12/15/04
DOCKET NO. 09-03 26 269 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Manila, the
Republic of the Philippines
THE ISSUE
Legal entitlement to Department of Veterans Affairs benefits.
REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
M. L. Wright, Counsel
INTRODUCTION
Neither the appellant nor his father has any corroborated
military service with the United States (U.S.) Armed Forces.
This appeal arises from an April 2003 decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
Manila, Republic of the Philippines. In this decision, the
RO determined that the appellant did not have legal
entitlement to VA benefits.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify you if
further action is required on your part.
REMAND
The appellant has claimed that both his father and himself
served with the U. S. Armed Forces during World War II as
guerillas fighting the Japanese occupation of the
Philippines. In October 2003, the National Personnel Records
Center (NPRC) informed VA that the appellant's father did not
have any recognized military service with U. S. Armed Forces.
It does not appear that VA has attempted to verify whether
the appellant himself has any recognized military service.
On remand, VA must contact the NPRC and request confirmation
of the appellant's recognized guerilla service during World
War II.
Therefore, in order to ensure that the record is fully
developed, this case is REMANDED for the following:
1. The VBA AMC should contact the NPRC
and request it to verify if the appellant
(E.B.A.) has recognized guerilla service
with the U. S. Armed Forces during World
War II. Any response or evidence
received should be associated with the
claims file.
2. Thereafter, readjudicate the
appellant's claim on appeal, with
application of all appropriate laws and
regulations and consideration of any
additional information obtained. If the
decision with respect to this claim
remains adverse to the appellant, he and
his representative, if any, should be
furnished a Supplemental Statement of the
Case and afforded a reasonable period of
time within which to respond thereto.
By this remand, the Board intimates no opinion as to any
final outcome warranted. No action is required of the
appellant until VA notifies him. The appellant has the right
to submit additional evidence and argument on the matter or
matters the Board has remanded to the regional office.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See The Veterans Benefits Act of 2003, Pub. L. No. 108-183, §
707(a), (b), 117 Stat. 2651 (2003) (to be codified at 38
U.S.C. §§ 5109B, 7112).
_________________________________________________
P. M. DILORENZO
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2004).